3 Answers
As such no other legal remedy. Being servant of govt you are to be released when your unit will release you.
Dear Sir,
Representation to Higher HQ (ADG MOV / Formation HQ)
Send a copy of your earlier representation with covering letter to the ADG (MOV) or Directorate of Civilians / Movement Control Section who issued your posting order.
Mention:
“Despite clear orders issued by HQ ADG (MOV), my present unit has not relieved me citing non-availability/medical unfitness of reliever. The situation has now changed as a replacement is available. I request your kind intervention to direct the unit to comply with the posting order.”
Send it through proper channel or by registered email/letter, keeping proof.
Dear Sir, as per your query,
Transfer orders issued by the competent authority (HQ ADG(MOV)) are binding on the subordinate units unless stayed or cancelled by a higher authority. Ask your Commanding Officer (CO) or administrative office to provide a written explanation or record of reasons for not relieving you despite the reliever’s posting orders being released.
If the unit still refuses to relieve you despite a valid transfer order and official representation:
You can approach the Armed Forces Tribunal (AFT) or the Central Administrative Tribunal (CAT) (depending on whether you are a civilian employee or defense personnel).
For further details and clarification, feel free to contact our OLQ Team for a detailed discussion.